ASK TROOPER KEITH: Is it legal to wear headphones or earbuds while driving?

Friday

Mar 15, 2013 at 8:01 PMMar 15, 2013 at 8:05 PM

A reader emailed the following question: Is it legal for a driver to wear headphones or earbuds while driving?

MSP Trooper Keith Disselkoen

A reader emailed the following question: Is it legal for a driver to wear headphones or earbuds while driving?

As I have done before, I will explain why this answer is complicated. Generally, if there is no law prohibiting it, then it is legal. There is no statute in the Michigan Vehicle Code prohibiting headphones or earbuds, therefore making it legal. Now before you go out and drive with headphones, be aware that Michigan has a careless driving statute which says:

"A person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public including an area designated for the parking of vehicles in a careless or negligent manner likely to endanger any person or property, but without wantonness or recklessness, is responsible for a civil infraction.”

So based on the "totality of the circumstances," an officer could interpret your driving behavior as careless. Also keep in mind that local municipalities could have local ordinances which prohibit headphones.

Hearing can be very important for driving (hearing other vehicles, sirens, etc.), but there are no hearing requirement standards to be able to obtain a license or safely drive. For example, hearing impairments do not disqualify someone from driving, and do not mean that a driver is unsafe.

When it comes to headphones, cell phones, GPS, radios, etc., I encourage all drivers to minimize their distractions as much as possible.

Keith Disselkoen is a Community Service Trooper for the MSP Lakeview Post. If you have a question for Trooper Disselkoen, you can email him at asktrooperkeith@gmail.com.